Suit Says Simon’s Agency Downplays Consumers’ Debt Collection Rights
by Erin Shaak
Last Updated on May 8, 2018
Fettig v. Simon’s Agency, Inc.
Filed: November 10, 2017 ◆§ 5:17-cv-01237-GLS-ATB
Simon’s Agency, Inc. is facing a proposed class action lawsuit that claims it deceives consumers into forgoing their right to dispute their alleged debts.
Simon’s Agency, Inc. is facing a proposed class action lawsuit that claims it deceives consumers into forgoing their right to dispute their alleged debts. According to the complaint, the defendant sent a New York man a collection letter informing him that if he wanted the company’s “cooperation,” he must choose one of three options, all of which involved payment of the purported debt. Missing from the list, the suit notes, was the plaintiff’s right to dispute the debt or request validation. The complaint claims the defendant’s three “options” that would induce its “cooperation” overshadow the plaintiff’s Fair Debt Collection Practices Act rights and are therefore a violation of federal law.
The suit further claims that the debt collector attempted to charge the plaintiff a $3.50 “convenience fee” for online payments, which the case argues is not authorized or permitted by law.
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